HomeMy WebLinkAboutContract 41916 (2)CITY SECRETARY 4 i
CONTRACT NO. 40
EASEMENT ENCROACHMENT LICENSE AGREEMENT
THIS AGREEMENT is made and entered into by and between THE CITY OF FORT
WORTH, a home rule municipal corporation of Tarrant County, Texas ("City"), acting
by and through its duly authorized City Manager or duly designated Assistant City
Manager, and CATHOLIC DIOCESE OF FORT WORTH, hereinafter referred to as
"Licensee", owner of the property located at 1300 Throckmorton Street, Saint Patrick
Cathedral Fort Worth, Texas 76102 ("Property").
RECITALS
WHEREAS, Licensee is the owner of certain real property described as Lot 1 R-1,
Block U, Daggetts Addition, an addition to the City of Fort Worth, Tarrant County, Texas
as recorded in Document No. D210268049, dated 10/29/10 of the Deed records of Tarrant
County, Texas ("Property"); and
WHEREAS, the City has a twenty (20) foot utility easement (the "Easement") in
the property as shown on the map attached to this Agreement as Exhibit "A" and
incorporated herein; and
WHEREAS, Licensee desires to construct a Masonry Wall (the "Encroachment")
which will encroach onto the City's Easement as shown on the attached survey and only
to the extent shown thereon; and
WHEREAS, to accommodate the needs of the Licensee, the City will approve
allowing the Encroachment under the terms and conditions as set forth in this Agreement.
NOW, THEREFORE, the City and Licensee agree as follows:
AGREEMENT
1.
The City, in consideration of the payment by the Licensee of the fee set out below and
covenants and agreements hereinafter contained, to be kept and performed by the
Licensee, hereby grants permission to the Licensee to encroach upon and occupy a
portion of the City's Easement as described in and at the location shown Exhibit A.
Licensee shall not expand or otherwise cause the Encroachment to further infringe in or
on the City's Easement beyond what is specifically described in the exhibit(s) attached
hereto.
OFFICIAL RECORD
OTT StiCRETARY
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2.
All construction, maintenance and operation in connection with such Encroachment, use
and occupancy shall comply and be performed in strict compliance with the Charter,
Ordinance and Codes of the City and in accordance with the directions of the Director of
the Water Department of City, or his duly authorized representative. Prior to the
construction of the Encroachment, Licensee shall submit all plans and specifications to
the Director or his duly authorized representative Licensee shall not commence
construction of the Encroachment until such approval shall be indicated in writing by the
Director. However, such approval shall not relieve Licensee of responsibility and liability
for concept, design and computation in the preparation of such plans and specifications.
3.
Licensee agrees that City may enter and utilize the referenced areas at any time for the
purpose of installing, repairing, replacing or maintaining improvements to its public
facilities or utilities necessary for the health, safety and welfare of the public or any other
public purpose. City shall bear no responsibility or liability for any damage or disruption
or other adverse consequences resulting from such entry a utilization of Encroachment by
City unless caused by the gross negligence or willful misconduct of City and/or its agents
or employees and City will make reasonable efforts to minimize such damage. Should it
become necessary to remove the Encroachment to install, repair, replace or maintain
improvements to City public facilities or utilities in the Easement, the Licensee shall
remove the Encroachment at the Licensee's expense. The City shall furnish the Licensee
with notice if removal of the Encroachment is deemed necessary by the Water
Department Licensee agrees that upon request of City, and within 30 days from the date
of such request, to relocate the Encroachment away from the Easement and to restore the
Easement to its original condition all at the sole cost and expense of Licensee.
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4.
The Licensee further agrees that City shall have the absolute right at its discretion to
terminate this license or refuse to allow the Licensee to continue to have the
Encroachment over, under or across the Easement if the City determines that the
Easement is being substantially damaged by the Encroachment, or that the Encroachment
otherwise places an undue burden on the operation of the municipal utility(ies) system or
in the event the Licensee fails to comply with the provisions of this Agreement. City shall
furnish Licensee with notice requiring the removal in a time period as is reasonable under
the circumstances. After receipt of such notice, the Licensee shall thereafter immediately
remove the Encroachment and restore the Easement to the same condition as existed prior
to the installation of the Encroachment In the event the Licensee fails to promptly
remove the Encroachment and restore the Easement within the time required by the
notice, the City may remove the Encroachment and restore the Easement and assess a lien
on the Property for the costs expended by the City to remove the Encroachment
5.
Licensee agrees to pay to City at the time this Agreement is executed a fee in the sum of
Two Hundred Seventy-five Dollars ($275.00) to pay necessary fees to record this
Agreement in its entirety in the deed records of Tarrant County.
6.
THE LICENSEE AGREES TO DEFEND, INDEMNIFY, AND HOLD THE CITY, ITS
OFFICERS, AGENTS, AND EMPLOYEES HARMLESS AGAINST ANY AND ALL
CLAIMS, LAWSUITS, ACTIONS, COSTS, AND EXPENSES OF ANY KIND WHICH
MAY ARISE OUT OF OR BE IN ANY WAY CONNECTED WITH (i) THE
CONSTRUCTION, INSTALLATION, OPERATION, MAINTENANCE OR CONDITION
OF THE IMPROVEMENTS OR (ii) ANY NEGLIGENT ACT OR OMISSION OR
INTENTIONAL MISCONDUCT OF THE LICENSEE, ITS OFFICERS AGENTS,
ASSOCIATES EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS RELATED
TO THE INSTALLATION, CONDITION AND MAINTENANCE OF THE
IMPROVEMENTS ON THE PROPERTY EXCEPT THAT THE INDEMNITY
PROVIDED FOR HEREIN SHALL NOT APPLY TO ANY LIABILITY RESULTING
FROM THE SOLE NEGLIGENT ACT(S) OR OMISSION(S) OR INTENTIONAL
MISCONDUCT OF THE CITY OR ITS OFFICERS, AGENTS SERVANTS,
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EMPLOYEES, LICENSEES, OR INVITEES, AND IN THE EVENT OF JOINT AND
CONCURRENT NEGLIGENCE OF BOTH THE CITY AND LICENSEE,
RESPONSIBILITY, IF ANY, SHALL BE APPORTIONED COMPARATIVELY IN
ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, NOTHING HEREIN
SHALL BE CONSTRUED AS A WAIVER OF THE CITY'S GOVERNMENTAL
IMMUNITY AS FURTHER PROVIDED BY THE LAWS OF TEXAS.
7.
Licensee covenants and agrees that it shall operate hereunder as an independent
contractor as to all rights and privileges granted hereunder and not as an officer, agent,
servant or employee of City, and Licensee shall have exclusive control of and the
exclusive right to control the details of its operations, and all persons performing same,
and shall be solely responsible for the acts and omissions of its officers, agents, servants,
employees, contractors subcontractors, licensees and invitees. The doctrine of
respondeat superior shall not apply as between City and Licensee, its officers, agents,
servants, employees, contractors and subcontractors, and nothing herein shall be
construed as creating a partnership or joint enterprise between City and Licensee.
8.
Licensee agrees and acknowledges that this Agreement is solely for the purpose of
permitting Licensee to construct, maintain and locate the Encroachment over or within
the described Easement and in not a conveyance of any right, title or interest in or to the
Easement
9.
In any action brought by the City for the enforcement of the obligations of the Licensee,
City shall be entitled to recover interest and reasonable attorney's fees.
10.
The parties agree that the duties and obligation contained paragraphs 3 and 4 shall survive
the termination of this Agreement.
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11.
Licensee covenants and agrees that it will not assign all or any of its rights, privileges or
duties under this contract without the written approval of City, and any attempted
assignment without such written approval should be void.
12.
Any cause of action for breach of this Agreement shall be brought in Tarrant County,
Texas. This Agreement shall be governed by the laws of the State of Texas.
13.
This agreement shall be binding upon the parties hereto, their successors and
assigns.
EXECUTED this day of , 20
CITY
City of Fort Worth
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Fernando Costa,
Asst. City Manager
ATTEST:
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City Secretary
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LICENSEE
Catholic Dioc se of Fort W rth
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Kevin W. Vann, J.C.D., D.D., Bishop
of the Catholi io se of Fort Worth
By:
Name
Title: Ke,J'tnvj.
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Qo*hoho Docesc*
Approved As To Form and Legality
k)lkacktulto
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Assistant City Attorney
OFFICIAL RECORD
C UTY SECRETARY
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STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared Fernando Costa, known to me to be the person
whose name is subscribed to the foregoing instrument, and acknowledged to me that
he/she executed the same for the purposes and consideration therein expressed, as the act
and deed of the City of Fort Worth, and in the capacity therein stated.
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GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
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EVONIA DANIELS MY COMMISSION EXPIRES
July 10, 2013
STATE OF TEXAS
COUNTY OF CQI E N
Notary inad and
Public in and for the State of Texas
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BEFORE ME, the undersigned authority, a Notary Publi n and for the State of
Texas, on this day personally pp ersonall a eared M PAjku , known to me to be
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the person whose name is subscribed to the foregoing instrument, and acknowledged to
me that he/she executed the same for the purposes and consideration therein expressed, as
the act and deed of the Licensee, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
of C)11frt ,20 (( •
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• JOY HOWREY
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MY COMMISSION EXPIRES
January 21, 2010
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4.2' ENCROACHMENT
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BOLLARD (TYPICAL
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(SEE ARCH PLANS)
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